by Richard D. Lieberman, Consultant | May 24, 2023 | Uncategorized
In a very interesting appeal of an Termination for Default (“T/D”) of a janitorial services contract, the Civilian Board held that the Department of Veterans Affairs (“VA”) waived its right to terminate based on an initial cure notice, and failed to issue a...
by Richard D. Lieberman, Consultant | May 24, 2023 | Uncategorized
Readers of this blog are aware that signing a final or general release, without any reservation language, prevents the contractor from bringing the claim up again as a claim or in any litigation. But how specific must the reservation of rights be in order to submit a...
by Richard D. Lieberman, Consultant | May 17, 2023 | Uncategorized
The Boards and Court of Federal Claims have been consistent in denying price adjustment for covid in fixed price contracts. This was the situation in Heart & Core LLC, ASBCA No. 63403, Jan. 11, 2023. Heart & Core was awarded an Air Force requirements contract...
by Richard D. Lieberman, Consultant | May 10, 2023 | Claims and Remedies, Offers/Protests, Uncategorized
The Government Accountability Office (“GAO”) released its annual bid protest report to the Congress for fiscal year 2022 on November 2, 2022 (B-158766). The GAO actually received 1,658 protests in fiscal year (“FY”) 2022 but dismissed or immediately denied or...
by Richard D. Lieberman, Consultant | May 4, 2023 | Claims and Remedies, Contract Disputes Act/Disputes/Courts/Boards of Contract Appeals
Cure Notice: The Civilian Board of Contract Appeals recently ruled that the Department of Veterans Affairs (“VA”) had improperly terminated two contracts for cause (default) because of a defective cure notice and the exercise of options that demonstrated that the...